A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 26, 2008, the Defendant received a summary order of KRW 2 million as a crime of violating road traffic law (drinking driving) from the Daejeon District Court Branch on May 26, 2008, and on October 21, 2016, the same court issued a summary order of KRW 4 million as a crime of violating road traffic law (drinking driving).

Criminal facts

Although the Defendant violated the provisions of Article 44(1) or (2) of the Road Traffic Act, the Defendant again, in violation of this provision, driven a vehicle eM5 vehicle without obtaining a driver’s license in the direction of approximately 0.168% alcohol concentration in the front of the entrance of the D apartment at the same time on the front of the D apartment at the 10km road in front of the entrance of the D apartment at the same time on December 5, 2020.

As a result, the Defendant was driving a motor vehicle in violation of the prohibition on drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report of a traffic accident, report on the results of regulating the driving of alcohol, report on the situation of the driver in charge, investigation report (report on the situation of the driver in charge of driving), copy of the register using a drinking measuring instrument, and photograph of the accident scene of the driver's license;

1. Application of a copy of each text of the summary order;

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Drinking, unauthorized driving, etc. need to be strictly punished for a crime that is highly dangerous to harm the life and body of others; the amount of alcohol content in measured blood is considerably high by 0.168%; the Defendant committed the instant crime even though he/she was punished three times by a fine due to drinking driving in the past; the Defendant recognized the instant crime; and the Defendant was the foregoing.